WISCONSIN DIVORCE LAW
If you are contemplating separation or divorce in Wisconsin, it's important to be aware of the specific Wisconsin laws governing the divorce or separation processes. If you are granted a divorce in Wisconsin, you and your ex-spouse will be able to re-marry, as you will be considered legally single. Discussing a divorce or separation with a Wisconsin divorce attorney is advisable.
Legal Separation
A legal separation is a way spouses may legally separate without obtaining a divorce. Spouses who enter into a legal separation will not be able to re-marry. Legal separations may be granted in Wisconsin if it appears that the separation is most conducive to settling former marital issues amicably. An action for legal separation is similar to that of a divorce action in Wisconsin. Both parties must agree by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken. Alternatively, if the parties have voluntarily lived apart continuously for 12 months or more immediately prior to commencement of the action and one party has so stated, the court, after hearing, shall make a finding that the marriage is irretrievably broken for purposes of granting a legal separation. A written agreement, executed outside of court, which states the need for separate maintenance, disposes of property appropriately, and provides for support for children will generally be allowed. Legal separations may become complicated; a Wisconsin divorce attorney can help you with the process.
Grounds For Divorce
If you have decided to file for divorce in Wisconsin, you will need to state the reason why you want the divorce, also known as the "grounds for divorce." In Wisconsin you may only file a no-fault divorce. "No-fault" means that divorce is only granted based solely on the grounds of the "irretrievable breakdown of the marriage." Unless the other party denies that the marriage is irretrievably broken, or there is evidence of coercion or other fraud, the court will grant the divorce. It is important to discuss your divorce options with a Wisconsin divorce attorney as improper filing may cause for delay or interruption in the divorce process.
Divorce Residency Requirements
An action for divorce or legal separation in Wisconsin may not be brought unless, at least one of the parties has been a bona fide resident of a Wisconsin county that the action is brought, for not less than 30 days next preceding the commencement of the action. No action for divorce may be brought unless at least one of the parties has been a bona fide resident of Wisconsin for not less than 6 months next preceding the commencement of the action.
Annulment
Annulment in Wisconsin differs from divorce or legal separation proceedings in that the annulment declares the marriage to have been invalid, such that it never properly existed in the first place. Thus, getting a divorce or legal separation becomes unnecessary. Annulments are granted under a very limited set of circumstances: failure of a party to give voluntary legal consent at the time of the marriage ceremony (because of force, fraud, either party being under the age of 18, suffering from mental illness, or being under the influence of drugs or other incapacitating substance), or the inability of a party to consummate the marriage with sexual intercourse, or bigamy or incest.
Division of Marital Property
Wisconsin is a "community property" state, meaning that all property that was acquired during the time of the marriage is considered community property and is divided equally, 50/50, unless the parties are able to come to their own agreement separately. When the court must decide, it considers the nature of the community property, separate property, length of the marriage, and economic circumstances of the spouses, among other factors.
Any property to have been acquired by either party prior to or during the course of the marriage in any of the following ways shall remain the property of that party and is not subject to a property division under this section: (1) gift from a person other than the other party; (2) By reason of the death of another, including, but not limited to, life insurance proceeds; payments made under a deferred employment benefit plan, or an individual retirement account; and property acquired by right of survivorship, by a trust distribution, by bequest or inheritance or by a payable on death or a transfer on death arrangement; or (3) With funds acquired in a manner stated above. You should discuss property division with a Wisconsin divorce attorney.
Links to Divorce Statutes
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